Development approval for sex services (brothel)

Obtaining development approval for a brothel, also known as a sex services premises, within Sydney can be a complex process that requires understanding of the regulations and laws set out by the New South Wales Town Planning System. This article will provide an overview of the steps that need to be taken in order to successfully obtain development approval for a brothel in Sydney.

The first step in obtaining development approval for a brothel is to ensure that the proposed location for the brothel is zoned for such use. Under the New South Wales Town Planning System, brothels are classified as “sex services premises” and are generally only allowed in certain designated areas. It is important to check with the local council to confirm that the proposed location is zoned for sex services premises before proceeding with the development application.

Once it has been established that the proposed location is zoned for brothels, the next step is to submit a development application to the local council. The development application should include detailed plans and specifications for the proposed brothel, including information on the size and layout of the premises, parking arrangements, and any other relevant details. It is important to work closely with a qualified town planner to ensure that the development application is complete and compliant with all relevant regulations.

The local council will then assess the development application and may request additional information or modifications before making a decision. This process can take several months and may involve consultation with other government agencies and community groups. It is important to be responsive to any requests for additional information and to be prepared to make any necessary changes to the development application in order to meet the requirements of the local council.

If the development application is approved, the next step is to obtain a brothel license from the New South Wales government. This requires the submission of a separate application, which includes a criminal history check for all proposed operators and staff. It is also important to note that the number of brothels within a local government area is restricted by law, and a quota system may apply.

Once the brothel license has been obtained, the final step is to comply with all relevant regulations and laws, including those related to occupational health and safety, fire safety, and building codes. It is also important to maintain good relations with the local community and to ensure that the brothel operates in a responsible and professional manner.

In conclusion, obtaining development approval for a brothel in NSW can be a complex and time-consuming process that requires a good understanding of the regulations and laws set out by the New South Wales Town Planning System. It is important to work closely with an experienced town planner, to be responsive to requests for additional information and to be prepared to make any necessary changes to the development application, and to obtain a brothel license from the government. Compliance with all relevant regulations and laws, along with maintaining good relations with the local community are also crucial for the successful operation of a brothel.

What to look for when searching for a site?

Finding a suitable location for sex services is the first difficult step in obtaining an approval!

When looking for sites you will need to find a site that is suitably zoned for development (please see one of our other posts about determining whether development is permitted with consent). Once you have a site that is zoned appropriately you will need to check whether there are any issues with the site itself. Sex services cannot be located within proximity to bus stops, schools and other types of development where children will be located. You will need to do a physical inspection of the surrounding area to determine whether there are any issues with surrounding developments. 

The best sites for sex services are industrial areas where the surrounding businesses are of of an industrial nature with no sensitive businesses within the locality.

What do sex services need for approval?

The fundamental documents for development applications for sex services are the following:

Development plans – Site plan, floor plans, elevations and sections.

Statement of environmental effects – This is a required document for all development applications and provides an assessment of the development against the relevant legislation and controls and provides justifications for any issues with the development. For this type of development it is best if it is prepared by a suitably qualified town planner due to the complexity of the development application.

Access report – An access report may be required for the development to show that access for people with a disability is provided for the site.

Traffic impact statement – A report provided by a traffic engineer outlining the traffic impacts of the development particularly around parking for the site.

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